[Ord. No. 421-09 § 1]
This section may be referred to as the Small Wind Energy System
and Solar Energy System Ordinance.
[Ord. No. 421-09 § 2]
This section is adopted pursuant to Borough of West Cape May
authority.
[Ord. No. 421-09 § 3]
a.
The primary purpose of a wind or solar energy system will be to provide
power for the principal use of the property whereon said system is
to be located and shall not be for the generation of power for commercial
purposes, although this provision shall not be interpreted to prohibit
the sale of excess power generated from time to time from a wind or
solar energy system designed to meet the energy needs of the principal
use. For the purposes of this section, the sale of excess power shall
be limited so that in no event an energy system is generating more
energy for sale than what is otherwise necessary to power the principal
use on the property.
b.
Wind and solar energy systems shall only be permitted as an accessory
use on the same lot as the principal use. All energy systems require
approval from the Zoning Officer and Construction Office prior to
installation. Applications for an energy system shall include information
demonstrating compliance with the provisions of this section. In the
event that the Zoning Officer or Construction Office does not believe
the provisions of this section will be satisfied, an applicant may
request a variance.
c.
Applicability of Section. This section shall apply to systems intended
for the provision of the electrical or mechanical power needs of the
owner/operator of the system; also, such a system shall be for one
main building and its accessory buildings only. For systems intended
for uses other than the ones stated, the Planning Board approval shall
be required. Said approval shall cover the location of the system
(shown on a survey of the property).
[Ord. No. 421-09 § 4]
In this section:
Shall mean the Borough of West Cape May Zoning Officer.
The wind generator and the tower shall remain painted or
finished in the color or finish that was originally applied by the
manufacturer, unless a different color or finish is approved by the
Administrator.
Shall mean the Borough of West Cape May or other Authority
Having Jurisdiction.
Shall mean equipment that converts energy from the wind and
solar into electricity. This term includes all associated mechanical
and electrical conversion components necessary to generate, store
and/or transfer energy.
Shall means a structure designed to support the gathering
of wind energy resource data, and includes the tower, base plate,
anchors, guy cables and hardware, anemometers (wind speed indicators),
wind direction vanes, booms to hold equipment anemometers and vanes,
data logger, instrument wiring, and any telemetry devices that are
used to monitor or transmit wind speed and wind flow characteristics
over a period of time for either instantaneous wind information or
to characterize the wind resource at a given location.
Shall mean the individual or entity that intends to own and
operate the small wind energy system in accordance with this section.
Shall mean the cross sectional dimension of the circle swept
by the rotating blades of a wind-powered energy generator.
Shall mean a wind energy system, as defined in this section,
that
Shall mean a solar generator and all associated equipment,
including any base, foundation, structural support, wire, batteries
or other components necessary to fully utilize the solar generator.
Shall mean, in relation to a wind energy system, the vertical
distance from the ground to the tip of a wind generator blade when
the tip is at its highest point.
Shall mean a monopole, freestanding, or guyed structure that
supports a wind generator.
Shall mean a wind generator and all associated equipment,
including any base, blade, foundation, nacelle, rotor, tower transformer,
vane, wire, inverter, batteries or other component necessary to fully
utilize the wind generator.
[Ord. No. 421-09 5]
a.
Small Wind Energy Systems. A small wind energy system shall be a
permitted use in all zones, as an "accessory structure", subject to
the following requirements:
1.
Minimum Lot Size. One half acre, provided the lot size conforms to
the height requirements below.
2.
Minimum Setbacks. For lots between 1/2 acre and three acres, wind
turbines shall be set back from all property lines a distance equal
to 100% of the height of the structure including the blades. For lots
larger than three acres, wind turbines shall be set back from all
property lines a distance of equal to 200% of the height of the structure
including the blades. No portion of the wind generator shall extend
beyond any overhead utility lines, unless written permission is granted
by the utility that owns and/or controls the lines.
3.
Wind turbines shall not be permitted in any front yard.
4.
Maximum Height. Freestanding wind turbines shall not exceed a height
of 50 feet on 1/2 acre lots and 80 feet on lots between one acre and
three acres. On lots of three acres or more, a maximum height of 150
feet is permitted. The maximum height shall include the height of
the blades at its highest point.
5.
No more than one wind turbine shall be permitted per property.
6.
Wind turbines shall not be permitted as a rooftop installation.
7.
Wind turbines on residential properties shall have a nameplate capacity
of 100 kilowatts or less.
8.
Noise. All wind energy systems shall comply with the following:
(a)
Between a residential use or zone, sound levels of the wind
energy system shall not exceed 42 dBA at a common property line or
30 dBA to the closest occupied structure, whichever is most restrictive.
(b)
In all other cases at a common property line sound levels of
the wind energy system shall not exceed 50 dBA.
(c)
These levels may be exceeded during short-term events such as
utility outages and/or severe windstorms.
(d)
Wind turbines shall be designed with an automatic brake or other
similar device to prevent overspeeding and excessive pressure on the
tower structure.
9.
Wind energy systems shall not be artificially lighted, except to
the extent required by the FAA or other applicable authority.
10.
All ground-mounted electrical and control equipment shall be labeled
and secured to prevent unauthorized access.
11.
The tower shall be designed and installed so as not to provide step
bolts, a ladder, or other publicly accessible means of climbing the
tower for a minimum height of 12 feet above the ground.
12.
All moving parts of the wind energy system shall be a minimum of
15 feet above ground level.
13.
The blades on the wind energy system shall be constructed of a corrosive-resistant
material.
14.
All guy wires or any part of the wind energy system shall be located
on the same lot as the energy system.
b.
Solar Energy Systems.
1.
Solar panels shall be permitted as a rooftop installation in any
zoning district. The solar panels shall not exceed a height of eight
(8") inches from the rooftop. In no event shall the placement of the
solar panels result in a total height including building and panels
than what is permitted in the zoning district which they are located
for the principal building.
2.
Solar panels shall be permitted as ground arrays in accordance with
the following:
(a)
All ground arrays shall be set back a distance of twenty (20')
feet from all property lines in a residential zoning district or in
conformance with the bulk standards for accessory structures in commercial
districts as provided herein.
(b)
Ground arrays shall not be permitted in a front yard.
(c)
Ground arrays shall be located so that any glare is directed
away from an adjoining property.
(d)
Ground arrays shall not exceed a height of fifteen (15')
feet.
c.
Wind and solar energy systems shall not be used for displaying any
advertising except for reasonable identification of the manufacturer
or operator of the system. In no case shall any identification be
visible from a property line.
d.
The design of wind or solar energy systems shall, to the extent reasonably
possible, use materials, colors, textures, screening and landscaping
that will blend into the natural setting and existing environment.
e.
All applications for a wind or solar energy system shall conform to the provisions of Section 27-36 Landscaping and Vegetative Plan with respect to tree removal and replacement. Any trees and/or shrubs to be removed to accommodate the installation of a wind or solar energy system shall be accompanied by a plan demonstrating the need to remove the trees and replacement of the trees in accordance with the provisions of Section 27-36e, f, and g. An applicant shall locate a wind or solar energy system so that tree removal is not required to the extent practical.
f.
The installation of a wind or solar energy system shall conform to
the National Electric Code as adopted by the NJ Department of Community
Affairs.
g.
The installation of a wind or solar energy system is subject to all
Atlantic City Electric Company requirements for interconnection.
h.
Signs. There shall be no signs that are visible from any public road
posted on a small wind generator system or any associated building,
except for the manufacturers or installer's identification, appropriate
warning signs, or owner identification.
i.
Utility Notifications and Interconnection. Small wind energy and
solar systems that connect to the electric utility shall comply with
the New Jersey's Net Metering and Interconnection Standards for
Class I Renewable Energy Systems at N.J.A.C. 14:4-9.
j.
Met Towers. A met tower shall be permitted under the same standards,
permit requirements, restoration requirements and permit procedures
as a small wind energy system.
k.
Standards for and Regulation of Small Wind Energy Systems.
1.
Construction. Tower construction shall be in accordance with the
appropriate sections of the Basic Building Code as adopted by the
State of New Jersey, and any future amendments and/or revisions to
same.
2.
Electromagnetic interference (EMI). Wind energy conversion system
generators and alternators shall be filtered and/or shielded so as
to prevent the emission of radio frequency energy which would cause
any harmful interference with radio and/or television broadcasting
or reception and shall comply with the provisions of Section 47 of
the Federal Code of Regulations, Part 15 and subsequent revisions
governing said emissions.
3.
The structural design shall be signed and sealed by a professional
engineer, registered in the State of New Jersey, certifying that the
structural design complies with all of the standards set forth for
safety and stability in all applicable codes then in effect in the
State of New Jersey and all sections referred to hereinabove. The
support tower shall be designed to survive a wind of 120 m.p.h. with
a three-second, 140 m.p.h. gust.
The design calculations shall include a soil boring at the tower
location and a soils analysis. If the soils of the site are not satisfactory
for the intended construction, the plans shall be designed to eliminate
or overcome the poor soils conditions.
4.
Labeling Requirements. A minimum of one sign shall be posted near
ground level on the tower structure warning of high voltage. In addition,
the following information shall be posted on a label or labels on
the generator or alternator of the small wind energy system:
5.
Utility Company Notification. The Atlantic City Electric Company
shall be notified in writing of any proposed interface with that company's
grid prior to installing such interface and shall conform to any legislated
requirements governing installations of wind energy conversion systems
so as to comply with the Utility Tariff specifications.
6.
Safety. The wind energy conversion system manufacturers shall document
that the wind energy conversion system model has operated safely in
atmospheric conditions for a period of not less than three months
and has provided energy not less than the equivalent of 25% of its
predicted annual energy output under a twelve-mile-per-hour annual
wind regime.
l.
Miscellaneous.
1.
All electric lines/utility wires shall be buried underground.
2.
Any mechanical equipment associated with and necessary for operation,
including a building for batteries and storage cells, shall be enclosed
with a six-foot high fence. The supporting tower shall also be enclosed
with a six-foot high fence unless the base of the tower is not climbable
for a distance of twelve (12') feet.
3.
When a building is necessary for storage cells or related mechanical
equipment, the building may not exceed 140 square feet in area nor
eight (8') feet in height and must be located at least the number
of feet equal to the height of the tower from any property line.
m.
Abandonment.
1.
A small wind energy system or ground array(s) solar energy system
that is out-of-service for a continuous 12-month period will be deemed
to have been abandoned.
2.
The Administrator may issue a Notice of Abandonment to the owner
of a small wind energy or ground array solar energy system that is
deemed to have been abandoned. The notice shall be sent return receipt
requested.
3.
The owner shall have the right to respond to the Notice of Abandonment
within 30 days from Notice Receipt date.
4.
If the owner provides information that demonstrates the small wind
energy or ground array solar energy system has not been abandoned,
the Administrator shall withdraw the Notice of Abandonment and notify
the owner that the Notice has been withdrawn.
5.
If the Administrator determines that the small wind energy or ground
array solar energy system has been abandoned, the owner of the energy
system shall remove the facility in its entirety at the owner's
sole expense within six months after the owner received the Notice
of Abandonment.
6.
When an owner of a wind or solar energy system has been notified
to remove same and has not done so six months after receiving said
notice, then the Administrator may remove such system and place a
lien upon the property for the cost of the removal. If removed by
the owner, a demolition permit shall be obtained and the facility
shall be removed. Upon removal, the site shall be cleaned, restored
and revegetated to blend with the existing surrounding vegetation
at the time of abandonment.
n.
Permit Requirements.
1.
Permit. A zoning permit shall be required for the installation of
a small wind energy and/or solar energy system.
2.
Documents. The zoning permit application shall be accompanied by
a plot plan which includes the following:
(a)
Property lines and physical dimensions of the property;
(b)
Location, dimension, and types of existing major structures
on the property;
(c)
Location, dimension, and type of the proposed energy system;
(d)
The right-of-way of any public road that is contiguous with
the property;
(e)
Any overhead utility lines; and
(f)
Small wind energy system specification, including manufacturer
and model, rotor diameter, tower height, tower type (freestanding
or guyed).
3.
Fees. The application for a zoning permit for a small wind energy
and/or solar energy system must be accompanied by the fee required.
o.
Zoning Permit Procedure.
1.
An owner shall submit an application to the Administrator for a zoning
permit for a small wind energy and/or solar energy system.
2.
The Administrator shall issue a permit or deny the application within
10 days as consistent with Municipal Land Use Law (N.J.S.A. 40:55D-18)
of the date on which the application is received.
3.
If the application is approved, the Administrator will return one
signed copy of the application with the zoning permit and retain the
other copy with the application.
4.
If the application is rejected, the Administrator will notify the
applicant in writing and provide a written statement of the reason
why the application was rejected. The applicant may appeal the Administrator's
decision pursuant to the appropriate appeal authority. The applicant
may reapply if the deficiencies specified by the Administrator are
resolved.
p.
Violations.
1.
It is unlawful for any person to construct, install, or operate a
small wind and/or solar energy system that is not in compliance with
this section.
2.
Small wind and/or solar energy systems installed prior to the adoption
of this section are exempt from the requirements of this section,
except for the provisions regarding abandonment.
q.
Administration and Enforcement.
1.
This section shall be administered by the Administrator or other
official as designated.
2.
The Administrator may enter any property for which a permit has been
issued under this section to conduct an inspection to determine whether
the conditions stated in the permit have been met.
3.
The Administrator may issue orders to abate any violation of this
section.
4.
The Administrator may issue a citation for any violation of this
section.
5.
The Administrator may refer any violation of this section to legal
counsel for enforcement.
r.
Penalties.
1.
Any person who fails to comply with any provision of this section
shall be subject to enforcement and penalties as stipulated in Chapter
and section of the appropriate Zoning Code.
2.
Nothing in this section shall be construed to prevent the Board of
Commissioners of the Borough of West Cape May from using any other
lawful means to enforce this section.
